When a defective product causes injury, Texas law allows victims to pursue compensation through a product liability claim. But, filing a product liability claim in McAllen requires more than just showing the product was dangerous—you must follow specific steps to preserve your rights and build a case that meets state legal standards. In a city where state and federal courts routinely hear complex product cases, knowing how to navigate the process matters. Our defective product attorneys could help you understand your rights and advise you on your legal options.
Step 1: Seek Medical Treatment and Preserve Evidence
Your first priority should always be your health. Get medical attention immediately, and keep all records of treatment, diagnosis, and injury progression. These records will later serve as key evidence when filing a McAllen product liability claim.
Preserving the defective product in its current condition is arguably just as important. Do not repair, alter, or discard it. Save the original packaging, instructions, and proof of purchase. These materials help demonstrate the defect and show how the product was used.
Step 2: Determine the Type of Defect and Legal Theory
A product can be defective in various ways. Texas recognizes three primary defect types:
- Marketing defects (failure to warn)
- Manufacturing defects (errors in production)
- Design defects (inherent danger in the blueprint)
You must also establish the legal basis of your claim, which may include:
- Breach of warranty: The product failed to meet express or implied safety assurances
- Strict liability: The product was defective and caused injury, regardless of the manufacturer’s intent
- Negligence: The manufacturer failed to exercise reasonable care in designing or producing the product
An experienced McAllen attorney could assess your product liability case and identify the most appropriate legal claim to file.
Step 3: Identify All Liable Parties
You will need to name the correct defendants in your claim. This could include:
- Retailers
- Distributors
- Wholesalers
- Component part suppliers
- The manufacturer (domestic or foreign)
Each party in the distribution chain may bear partial responsibility under state law, especially in strict liability cases.
Step 4: File a Pre-Litigation Notice (If Required)
In some cases—particularly those involving breach of warranty—it may be necessary to send formal written notice to the seller or manufacturer before filing a lawsuit. Texas Business and Commerce Code § 2.607 outlines notice requirements for certain claims involving goods.
While not always required for strict liability or negligence claims, providing pre-suit notice may still help avoid procedural challenges.
Step 5: File Your Lawsuit Within the Statute of Limitations
State law imposes a two-year statute of limitations for product liability claims, starting from the date of injury. In some cases, such as when injuries develop over time, the discovery rule may apply, but this is limited and fact-dependent.
Your attorney could draft and file a petition in the appropriate civil court—usually in Hidalgo County District Court for McAllen-based claims. This document lays out the factual background, identifies defendants, explains the legal basis for the claim, and specifies requested damages.
Step 6: Serve the Defendants
Once the product liability petition is filed in McAllen, each defendant must be formally served with legal notice of the lawsuit. Service must comply with Texas Rules of Civil Procedure and may involve local, out-of-state, or even international service requirements if the manufacturer is foreign.
Improper service can delay your case or even lead to dismissal—accurate execution is essential.
Step 7: Build Your Case Through Discovery
The discovery phase is a crucial part of filing a defective products claim in McAllen because it allows both sides to exchange evidence. This includes:
- Interrogatories (written questions)
- Depositions of parties, experts, and witnesses
- Expert testimony on defect, causation, and damages
- Requests for production (documents, emails, internal reports)
In product liability cases, expert analysis is usually required to establish that the product was unreasonably dangerous and that the defect caused your injuries. Your attorney could coordinate this process.
Step 8: Attempt Settlement or Proceed to Trial
Many product liability claims in McAllen settle before trial. Your attorney may negotiate directly or through formal mediation. If no agreement is reached, your case will proceed to trial, where a judge or jury will decide liability and damages.
Call a McAllen Lawyer to Begin Filing a Product Liability Claim
Filing a product liability claim in McAllen is a multi-stage process that demands legal precision. From identifying the right legal theory to properly filing suit and proving your damages, every step must be executed with care.
If you believe a defective product caused your injury, contact our attorneys as soon as possible.